Cox and Archer: Why $16 Trillion Only Hints at the True U.S. Debt

Hiding the government's liabilities from the public makes it seem that we can tax our way out of mounting deficits. We can't.

A decade and a half ago, both of us served on President Clinton's Bipartisan Commission on Entitlement and Tax Reform, the forerunner to President Obama's recent National Commission on Fiscal Responsibility and Reform. In 1994 we predicted that, unless something was done to control runaway entitlement spending, Medicare and Social Security would eventually go bankrupt or confront severe benefit cuts.

Eighteen years later, nothing has been done. Why? The usual reason is that entitlement reform is the third rail of American politics. That explanation presupposes voter demand for entitlements at any cost, even if it means bankrupting the nation.

A better explanation is that the full extent of the problem has remained hidden from policy makers and the public because of less than transparent government financial statements. How else could responsible officials claim that Medicare and Social Security have the resources they need to fulfill their commitments for years to come?

As Washington wrestles with the roughly $600 billion "fiscal cliff" and the 2013 budget, the far greater fiscal challenge of the U.S. government's unfunded pension and health-care liabilities remains offstage. The truly important figures would appear on the federal balance sheet—if the government prepared an accurate one.

But it hasn't. For years, the government has gotten by without having to produce the kind of financial statements that are required of most significant for-profit and nonprofit enterprises. The U.S. Treasury "balance sheet" does list liabilities such as Treasury debt issued to the public, federal employee pensions, and post-retirement health benefits. But it does not include the unfunded liabilities of Medicare, Social Security and other outsized and very real obligations.

As a result, fiscal policy discussions generally focus on current-year budget deficits, the accumulated national debt, and the relationships between these two items and gross domestic product. We most often hear about the alarming $15.96 trillion national debt (more than 100% of GDP), and the 2012 budget deficit of $1.1 trillion (6.97% of GDP). As dangerous as those numbers are, they do not begin to tell the story of the federal government's true liabilities.

The actual liabilities of the federal government—including Social Security, Medicare, and federal employees' future retirement benefits—already exceed $86.8 trillion, or 550% of GDP. For the year ending Dec. 31, 2011, the annual accrued expense of Medicare and Social Security was $7 trillion. Nothing like that figure is used in calculating the deficit. In reality, the reported budget deficit is less than one-fifth of the more accurate figure.

Why haven't Americans heard about the titanic $86.8 trillion liability from these programs? One reason: The actual figures do not appear in black and white on any balance sheet. But it is possible to discover them. Included in the annual Medicare Trustees' report are separate actuarial estimates of the unfunded liability for Medicare Part A (the hospital portion), Part B (medical insurance) and Part D (prescription drug coverage).

As of the most recent Trustees' report in April, the net present value of the unfunded liability of Medicare was $42.8 trillion. The comparable balance sheet liability for Social Security is $20.5 trillion.

Were American policy makers to have the benefit of transparent financial statements prepared the way public companies must report their pension liabilities, they would see clearly the magnitude of the future borrowing that these liabilities imply. Borrowing on this scale could eclipse the capacity of global capital markets—and bankrupt not only the programs themselves but the entire federal government.

These real-world impacts will be felt when currently unfunded liabilities need to be paid. In theory, the Medicare and Social Security trust funds have at least some money to pay a portion of the bills that are coming due. In actuality, the cupboard is bare: 100% of the payroll taxes for these programs were spent in the same year they were collected.

In exchange for the payroll taxes that aren't paid out in benefits to current retirees in any given year, the trust funds got nonmarketable Treasury debt. Now, as the baby boomers' promised benefits swamp the payroll-tax collections from today's workers, the government has to swap the trust funds' nonmarketable securities for marketable Treasury debt. The Treasury will then have to sell not only this debt, but far more, in order to pay the benefits as they come due.

When combined with funding the general cash deficits, these multitrillion-dollar Treasury operations will dominate the capital markets in the years ahead, particularly given China's de-emphasis of new investment in U.S. Treasurys in favor of increasing foreign direct investment, and Japan's and Europe's own sovereign-debt challenges.

When the accrued expenses of the government's entitlement programs are counted, it becomes clear that to collect enough tax revenue just to avoid going deeper into debt would require over $8 trillion in tax collections annually. That is the total of the average annual accrued liabilities of just the two largest entitlement programs, plus the annual cash deficit.

Nothing like that $8 trillion amount is available for the IRS to target. According to the most recent tax data, all individuals filing tax returns in America and earning more than $66,193 per year have a total adjusted gross income of $5.1 trillion. In 2006, when corporate taxable income peaked before the recession, all corporations in the U.S. had total income for tax purposes of $1.6 trillion. That comes to $6.7 trillion available to tax from these individuals and corporations under existing tax laws.

In short, if the government confiscated the entire adjusted gross income of these American taxpayers, plus all of the corporate taxable income in the year before the recession, it wouldn't be nearly enough to fund the over $8 trillion per year in the growth of U.S. liabilities. Some public officials and pundits claim we can dig our way out through tax increases on upper-income earners, or even all taxpayers. In reality, that would amount to bailing out the Pacific Ocean with a teaspoon. Only by addressing these unsustainable spending commitments can the nation's debt and deficit problems be solved.

Mr. Cox, a former chairman of the House Republican Policy Committee and the Securities and Exchange Commission, is president of Bingham Consulting LLC. Mr. Archer, a former chairman of the House Ways & Means Committee, is a senior policy adviser at PricewaterhouseCoopers LLP.

Despite Tax Increase, California State Revenues in Freefall

SC Bill Takes Aim To Arm Public School Employees With Guns

Rep. Phillip D. Lowe (SC District 60), a father of three and member of the National Rifle Association, wants to amend South Carolina’s code by adding a section “to provide a public school employee who has a concealed weapons permit may possess a firearm on the premises of his employer.”

According to the bill, Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding the following:

(1) keeps the firearm on his person at all times while on the premises;

(2) keeps the weapon concealed when not in use;

(3) uses only frangible bullets in an effort to avoid ricochets;

(4) provides written notification of his intent to carry the firearm to the principal of the school where the weapon will be carried;

(5) successfully completes and biennially renews certification as a precision marksman by SLED; and

(6) has no history of violence or unmanaged anger documented by his employer.

(B) A school board may only deny an employee of his ability to carry a firearm on school property under this section upon a finding of just cause.

(C) An employee who violates a provision of this section may not be permitted to carry any firearm on public school property for five years from the date of the violation, and SLED shall revoke his concealed weapons permit and may not terminate this revocation or issue a new permit to him for a period of five years following the date of revocation.

(D) For the purposes of this section:

(1) ‘Frangible bullet’ means a bullet designed to disintegrate into tiny particles upon impact to minimize their penetration for reasons of range safety to limit environmental impact, or to limit the danger behind the intended target.

(2) ‘Public school employee’ means a person employed by a school district, as defined in Section 59-1-160, or a public institution of higher learning, as defined in Section 59-103-5.”

Additionally Section 16-23-420(a) of the 1976 Code is to be amended to read:

“(A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly owned building, without the express permission of the authorities in charge of the premises or property except as provided in Section 59-1-490 for public school employees or as otherwise provided in this section. The provisions of this subsection related to any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, do not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor vehicle and is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle.”

While this is not a full riddance of the “Gun Free Zone” policies, notice, as far as more big government is concerned, it is completely unnecessary except to remove restraining laws. People are already getting concealed weapons permits, which frankly I don’t think are necessary according to the Second Amendment, but at least this bill is a step in the right direction. Additionally, I think it will be in the best interest of the teachers, students and schools to have this in place.

On a personal note, I would rather parents simply bring their children home and teach them there and let the state sponsored public schools wither away.

Judicial  Accountability  Initiative  Law

Los Angeles, California                                        December 26, 2012

The Battle Lines are Drawn:  J.A.I.L. versus The Foreign Power 

^{A Power Foreign to Our Constitution}

Kitty Werthmann

Kitty Werthmann survived Hitler

“What I am about to tell you is something you’ve probably never heard or read in history books,” she likes to tell audiences.

“I am a witness to history. 

“I cannot tell you that Hitler took Austria by tanks and guns; it would distort history.

Adolph Hitler

“We voted him in.”

If you remember the plot of the Sound of Music, the Von Trapp family escaped over the Alps rather than submit to the Nazis. Kitty wasn’t so lucky. Her family chose to stay in her native Austria. She was 10 years old, but bright and aware. And she was watching.

“We elected him by a landslide – 98 percent of the vote,” she recalls.

She wasn’t old enough to vote in 1938 – approaching her 11th birthday. But she remembers.

“Everyone thinks that Hitler just rolled in with his tanks and took Austria by force.”

No so.

Hitler is welcomed to Austria

“In 1938, Austria was in deep Depression. Nearly one-third of our workforce was unemployed. We had 25 percent inflation and 25 percent bank loan interest rates.

Farmers and business people were declaring bankruptcy daily. Young people were going from house to house begging for food. Not that they didn’t want to work; there simply weren’t any jobs.

“My mother was a Christian woman and believed in helping people in need. Every day we cooked a big kettle of soup and baked bread to feed those poor, hungry people – about 30 daily.’

“We looked to our neighbor on the north, Germany, where Hitler had been in power since 1933.” she recalls. “We had been told that they didn’t have unemployment or crime, and they had a high standard of living.

Austrian girls welcome Hitler

“Nothing was ever said about persecution of any group – Jewish or otherwise. We were led to believe that everyone in Germany was happy. We wanted the same way of life in Austria. We were promised that a vote for Hitler would mean the end of unemployment and help for the family. Hitler also said that businesses would be assisted, and farmers would get their farms back.

“Ninety-eight percent of the population voted to annex Austria to Germany and have Hitler for our ruler.

“We were overjoyed,” remembers Kitty, “and for three days we danced in the streets and had candlelight parades. The new government opened up big field kitchens and everyone was fed.

Read more at BeliefNet Blog here:

http://blog.beliefnet.com/on_the_front_lines_of_the_culture_wars/2011/04/she-survived-hitler-and-wants-to-warn-america.html#ixzz2Fzr5YTU1

J.A.I.L. (Judicial Accountability Initiative Law)   www.jail4judges.org 

Declaration of Independence  "...with a firm reliance on the protection of Divine
Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor."

Ron Branson
P.O. Box 207,
North Hollywood, CA 91603

J.A.I.L. is a unique addition to our Constitution heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!

Group sign on:  http://groups.yahoo.com/group/jail4judges/join

He has combined with others to subject us to a jurisdiction foreign to
our constitution, and unacknowledged by our laws; giving his assent to
their acts of pretended legislation.  - Declaration of Independence
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.."  - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."   -- Henry David Thoreau                     ><)))'>

By Conquest, or Consent!

By Ron Branson
National J.A.I.L. Commander-In-Chief

"We will have a world government whether you like it or not.  The only question is whether that government will be achieved by conquest or consent."

Paul Warburg, February 17, 1950, testifying under oath before U.S. Senate.

The Future Is Being Written Right Now

January 26, 2013

http://www.oldthinkernews.com/2010/07/the-future-is-being-written-right-now/

Today, it is infinitely easier to kill a million people than to control a million people. It is easier to kill than to control...

Global Political Awakening

Global governance has been a long term goal of elites for decades. However, a global political awakening is taking place that is proving to be a major stumbling block under the feet of the world’s elite. During a recent Council on Foreign Relations meeting in Montreal, Zbigniew Brzezinski admitted that, “Mankind is now politically awakened and stirring,” stating that a fractured elite “…makes it a much more difficult context for any major power, including currently the leading world power, the United States.”

In an earlier speech in 2009, Brzezinski elaborated further, saying, “…in early times, it was easier to control a million people, literally it was easier to control a million people than physically to kill a million people. Today, it is infinitely easier to kill a million people than to control a million people. It is easier to kill than to control….”

*   *   *

Disclaimer: The below link to a news report is provided only for your consideration. Please exercise your own individual discernment and judgment as to its value and its credibility.  http://www.youtube.com/watch?feature=player_embedded&v=kzT6X3_Bg9o#!

- Ron Branson

Declaration of Independence  "...with a firm reliance on the protection of Divine
Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor."

Ron Branson
P.O. Box 207,
North Hollywood, CA 91603
VictoryUSA@...

J.A.I.L. is a unique addition to our Constitution heretofore unrealized.
JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!

Group sign on:  http://groups.yahoo.com/group/jail4judges/join

He has combined with others to subject us to a jurisdiction foreign to
our constitution, and unacknowledged by our laws; giving his assent to
their acts of pretended legislation.  - Declaration of Independence
 
"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.."  - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."   -- Henry David Thoreau                     ><)))'>

So, you need an articulate spokesperson, such as Rush Limbaugh. 
Have you spoken on the air with Limbaugh?  Might that not be the best way to teach the masses in a hurry?
Would he let you complete your thoughts?
What about inviting him to be a guest.  Keith and Ron and you, Arnie, could interview him and discover how much he knows, filling in some details along the way.
Maybe something along those lines would be most efficient in moving things along and finding enough people to do all the work.  Don't forget Paul Guthrie and Paul Vallely.  So, you have some great guests (Terry Lakin ... ), all of whose names I can not list.  But you could even hold roundtable discussions and have other hosts guest-host events; Sean Hannity comes to mind.
 
So, suppose we win and have in place the Pure People's Bureaucracy. 
Who will be in charge of currency, coinage, and responsibility for payment?  How shall we come to grips with our debts, for instance those to China?  And how shall we prevent the new order from quickly becoming just as corrupt as the last?  How do we re-order the world's society, and who put me in charge of all this, anyway?  Oh, yeah, the Founding Fathers.  So, you're in charge, I'm in charge, and all responsible U.S. Citizens are in charge, so nobody's in charge, because everybody else will do it, that's what we're paying them to do.  What, they are not doing our business?  Fire them!  Now what?

Just some thoughts.

              -Steve-
          s@...

Excellent, Ron.  But I'm left with a question:  How SHOULD our borders be being protected agains illegal immigration?

-Steve-
s@...

On 2/26/2013 11:24 PM, Ron Branson wrote:

The Belligerent Claimant in Person


http://www.youtube.com/watch?v=u4Ku17CqdZg&sns=em

"The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It's benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person." McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L.Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus." [Emphasis added.]

Federal Judicial Accountability & Integrity Legislation

(a) Preamble.  The House of Representatives and Senate Assembled find that an inordinate and ever-growing number of complaints of willful misconduct have been lodged with Congress involving federal judges across this nation; that the current Title 28 U.S.C. §372(c) (Judicial Misconduct and Disability Act) is in many cases inadequate because of conflicts of interest in judges judging themselves; that judicial integrity is of major importance and affects all areas of our American society. Be it therefore resolved that the House of Representatives and Senate Assembled hereby enact the following legislation which shall be known as the "Judicial Accountability and Integrity Legislation."

(b) Definitions.  For purposes of this legislation:

1. The term "blocking" shall mean any act that impedes the lawful conclusion of a case, to include unreasonable delay and willful rendering of a void judgment or order.
2. The term "federal judge" or "judge" shall mean any federal justice, judge, magistrate, commissioner, or any person shielded by judicial immunity.
3. The term "Juror" shall mean a Special Federal Grand Juror.
4. The term "strike" shall mean an adverse immunity decision based upon bad behavior as set forth in paragraph (c), or a criminal conviction as set forth in paragraph (r).
5. Where appropriate, the singular shall include the plural.

(c) Immunity.  Notwithstanding common law or any other provision to the contrary, no immunity shall be extended to any federal judge except as is specifically set forth in this statute. Preserving the purpose of protecting judges from frivolous and harassing actions, no immunity shielding a federal judge shall be construed to extend to any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material facts, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitution of these United States, all violations of which shall constitute bad behavior.

(d) Special Federal Grand Jury.  There is hereby created within the District of Columbia a twenty-five member Special Federal Grand Jury with full federal geographical jurisdiction, having power to judge on both law and fact. Their responsibility shall be limited to determining, on an objective standard, whether a civil suit against a federal judge would be frivolous and harassing or fall within the exclusions of immunity as set forth herein, and whether there is probable cause of criminal conduct by the federal judge complained of.

(e) Professional Counsel.  The Special Federal Grand Jury shall have exclusive power to retain non-governmental advisors, special prosecutors, and investigators, as needed, who shall serve no longer than two years, after which term said officers shall be ineligible. However, with permission of the Special Federal Grand Jury, a special prosecutor may prosecute their current cases through all appeals and any applicable complaints to the Special Federal Grand Jury.

(f) Establishment of Special Federal Grand Jury Seat.  A Special Federal Grand Jury seat is hereby created, which seat shall be located in excess of one mile of any federal judicial body.

(g) Filing Fees.  Attorneys representing a client filing a civil complaint or answer before the Special Federal Grand Jury, shall at the time of filing pay a fee equal to the filing fee due in a civil appeal to the United States Supreme Court. Individuals filing a civil complaint or answer before the Special Federal Grand Jury in their own behalf as a matter of right, shall, at the time of filing, post a fee of one hundred dollars, or file a declaration, which shall remain confidential, stating they are impoverished and unable to pay and/or object to such fee.

(h) Annual Funding.  Should this statute lack sufficient funding through its filing fees under paragraph (g) and fines imposed under paragraph (q), which amount shall be deposited regularly into the exclusive trust account created by this statute in paragraph (j) for its operational expenses, Congress may impose appropriate surcharges upon the civil court filing fees of corporate litigants as necessary to make this statute self-supporting, or they may appropriate any and all necessary funds for the full implementation of this statute by legislation.

(i) Compensation of Jurors.  Each Juror shall receive a salary commensurate to fifty percent of a federal district judge prorated according to the number of days actually served.

(j) Annual Budget.  The Special Federal Grand Jury shall have an annual operating budget commensurate to twenty times the combined salaries of the twenty-five Jurors serving full time, which sum shall be initially deposited by Congress into an exclusive trust account to be annually administered by the Controller. Should the trust balance within any budget year drop to less than an amount equivalent to the annual gross salaries of fifty federal district judges, the Controller shall so notify Congress, which shall replenish the account, prorated based on actual average expenditures during the budget year. Should the trust balance in any subsequent year exceed the annual operational budget at the beginning of a new budget year, the Controller shall return such excess to the United States Treasury.

(k) Jurisdiction.  The Special Federal Grand Jury shall have exclusive power to establish rules assuring their attendance, to provide internal discipline, and to remove any of its members on grounds of misconduct. The Special Federal Grand Jury shall immediately assign a docket number to each complaint brought before it. Except as provided in paragraph (r), no complaint of judicial misconduct shall be considered by the Special Federal Grand Jury unless the complainant shall have first attempted to exhaust all judicial remedies available in the federal courts within the immediately preceding six-month period. Such six-month period, however, shall not commence in complaints of prior fraud or blocking of a lawful conclusion until after the date the Special Federal Grand Jury becomes functional. This provision is intended to apply remedially and retroactively.

(l) Qualifications of Jurors.  A Juror shall have attained to the age of thirty years, and have been nine years a citizen of the United States, and an inhabitant of Washington, D.C. Those not eligible for Special Federal Grand Jury service shall include elected and appointed officials, members of the Bar, judges (active or retired), judicial, prosecutorial and law enforcement personnel, without other exclusion except previous adjudication of mental incapacity, imprisonment, or parole from a conviction of a felonious crime against persons.

(m) Selection of Jurors.  The Jurors shall serve without compulsion and shall be drawn by public lot by the Secretary of State from names on voters' rolls and any citizen submitting his/her name to the Secretary of State for such drawing.

(n) Service of Jurors.  Excluding the establishment of the initial Special Federal Grand Jury, each Juror shall serve one year. No Juror shall serve more than once. On the first day of each month, two persons shall be rotated off the Special Federal Grand Jury and new citizens seated, except in January it shall be three. Vacancies shall be filled on the first of the following month in addition to the Jurors regularly rotated, and the Juror chosen to fill a vacancy shall complete only the remainder of the term of the Juror replaced.

(o) Procedures.  The Special Federal Grand Jury shall serve a copy of the filed complaint upon the subject judge and notice to the complainant of such service. The judge shall have thirty days to serve and file an answer. The complainant shall have twenty days to reply to the judge's answer. (Upon timely request, the Special Federal Grand Jury may provide for extensions for good cause.) The Special Federal Grand Jury shall have power to subpoena witnesses, documents, and other tangible evidence, and to examine witnesses under oath. The Special Federal Grand Jury shall determine the causes properly before it with their reasoned findings in writing within one hundred twenty (120) calendar days, serving on all parties their decision on whether immunity shall be barred as a defense to any civil action that may thereafter be pursued against the federal judge. A rehearing may be requested of the Special Federal Grand Jury within twenty days with service upon the opposition. Twenty days shall be allowed to reply thereto. Thereafter, the Special Federal Grand Jury shall render final determination within thirty days. All allegations of the complaint shall be liberally construed in favor of the complainant. The Jurors shall keep in mind, in making their decisions, that they are entrusted by the people of these United States with the duty of restoring a perception of justice and accountability of the federal judiciary, and are not to be swayed by artful presentation by the federal judge. They shall avoid all influence by judicial and government entities. The statute of limitations on any civil suit brought pursuant to this statute against a federal judge shall not commence until the rendering of a final decision by the Special Federal Grand Jury. Special Federal Grand Jury files shall always remain public record following their final determination. A majority of thirteen shall determine any matter.

(p) Removal.  Whenever any federal judge shall have received more than three strikes, the federal judge shall automatically be brought up on charges before Congress for Articles of Impeachment by the Special Federal Grand Jury through its special prosecutor for bad behavior and willful misconduct. Congress thereafter shall commence to a vote on such Articles of Impeachment. Upon a conviction, the federal judge shall be permanently removed from office. He may also be held liable under any other appropriate criminal or civil proceeding.

(q) Indictment.  Should the Special Federal Grand Jury also find probable cause of criminal conduct on the part of any federal judge against whom a complaint is docketed, it shall have the power to indict such federal judge except where double jeopardy attaches. The Special Federal Grand Jury shall, without voir dire beyond personal relationship, cause to be impaneled special trial jurors, plus alternates, which trial jurors shall be instructed that they have power to judge both law and fact. The Special Federal Grand Jury shall also select a non-governmental special prosecutor and a federal judge with no more than four years on the bench from a state other than that of the defendant judge (or outside of the District of Columbia, if the case so be). The trial jury shall be selected from the same pool of jury candidates as any regular federal jury. The special prosecutor shall thereafter prosecute the cause to a conclusion, having all the powers of any other prosecutor within these United States. Upon conviction, the special trial jury shall have exclusive power of sentencing (limited to incarceration, fines and/or community service), which shall be derived by an average of the sentences of the trial jurors.

(r) Criminal Procedures.  In addition to any other provisions of this statute, a complaint for criminal conduct of a federal judge may be brought directly to the Special Federal Grand Jury upon all the following prerequisites: (1) an affidavit of criminal conduct has been lodged with the appropriate prosecutorial entity within ninety (90) days of the commission of the alleged conduct; (2) the prosecutor declines to prosecute, or one hundred twenty (120) days has passed following the lodging of such affidavit and prosecution has not commenced; (3) an indictment, if sought, has not been specifically declined on the merits by a Grand Jury; and (4) the criminal statute of limitations has not run. Any criminal conviction (including a plea bargain) under any judicial process shall constitute a strike.

(s) Public Indemnification.  No federal judge complained of, or sued civilly by a complainant pursuant to this statute, shall be defended at public expense or by any elected or appointed public counsel, nor shall any federal judge be reimbursed from public funds for any losses sustained under this statute.

(t) Redress.  The provisions of this statute are in addition to other redress that may exist and are not mutually exclusive.

(u) Preeminence.  Preeminence shall be given to this statute in any case of conflict with any other federal statute, case law, or common law to the contrary. The foreperson of the Special Federal Grand Jury shall read, or cause to be read, this statute to the respective Jurors semi-annually during the first week of business in January and July.

Mister Branson, I must add a personal experience pertaining to the Grand Jury.

Several years ago I wanted to bring charges against federal officials. Recommendations were made as to whom I should call and my final telephone call was to the federal prosecutor in Charleston, West Virginia.

The prosecutor advised me that the location and date of all federal grand juries were confidential, that I could have no access to them for any matter.

The enumerated powers makes it very clear that only Congress makes Rules for all federal government activities. Who maintains that no cameras are allowed in the Supreme Court? Who maintains that a defendant's lawyer may not address a Grand Jury? Who maintains that a judge may sentence any person to prison in the United States with the sole exception of treason?

The Greatest Story Ever Told hinges not on politics, but religion.

My final book hinges on politics, not religion. A title choice now under consideration is The Greatest Legal Story Ever Told. Its principal theme is trial by jury. It attacks a lot of P's; politics, press, principles and principals, prostitutes and preachers.

I wonder how a preacher's sermon would change if, --under the Constitution's The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury,-- all whores subjected to criminal charges were publicly tried?

Thomas E. Bumgardner

304-753-6377

 

 

Ron -

 

We need to research and clarify the procedure for a Special Grand Jury to make a PRESENTMENT.

 

Many people are aware of this possibility, but not the actual procedure.

 

I think if we could come up with the proper procedure (and it may vary slightly from place to place), it would be a great help.

 

But, you are on the right track.

From: Ron Branson <VictoryUSA@...>
To: Arnie <arnie@...>
Sent: Monday, March 25, 2013 10:19 AM
Subject: Seeking Inferior Remedies!

Seeking Inferior Remedies!

By Ron Branson

This past Saturday, March 23rd, 2013, I was invited to speak at the Simi Valley Library, (California) in which I presented the issue that Grand Juries are the highest and most supreme power within these United States. No serious criminal action of any kind, may be commenced against any person without their authority, to wit; "No person shall be held to answer for a capital, or other infamous crime, unless on a presentment or indictment of a
Grand Jury ..."  Amendment V,  U.S. Constitution. Furthermore, the People within the various States have a superior power compared to the limited federal power of government as defined in the 9th and 10th Amendments.

Within the States, the People themselves have, and retain to themselves all political power, and have the right to alter or amend all forms of government, to wit; "All political power is inherent in the People. .... [T]hey have the right to alter or reform it when the public good may require." Art. II, Sec. 1, California Constitution. (See also other various State's Constitutions)

So, if all political power resides within the People, and the People, sitting as Grand Jurors, have the ultimate control over all criminal matters and are free to indict whomsoever they will, including public officials, why propose Recalls of public officials? Are we not thereby relinquishing our ultimate power of indictment through ourselves as Grand Jurors, to a lessor more impotent means of seeking a remedy through playing in a political sand box?

I have presented the one and only way we will ever recover our country, and that is through our inherent power to establish Special Grand Juries throughout the various States. But yet we choose to ignore this ultimate power reserved only to us, and seek expensive inferior time-consuming political remedies.

Ron Branson
National JAIL4Judges Commander-In-Chief
VictoryUSA@...

EXACTLY what is needed!  But is only a start... we already have laws on the books that should make such a "initiative" and it is the statutory oath attorneys take to be "HONEST" and to PRESENT ALL THE FACTS and ALL THE LAW... even those facts and law contrary to their client's position.

So while the "initiative" is needed, it should also include that attorney who led the judge astray.   They ALL should come under the "three strike rule."

Please keep me posted on how you present this initiative and its reaction.

Bill Scheidler
http://www.corruptwa.com

---

Judicial Accountability Initiative Law (J.A.I.L.)

Preamble. We, the People of California, find that the doctrine of judicial immunity has been greatly abused; that when judges abuse their power, the People are obliged - it is their duty - to correct that injury, for the benefit of themselves and their posterity. In order to ensure judicial accountability and domestic tranquility, we hereby amend our Constitution by adding the following provisions as Sec. 32 to Article I, which shall be known as "The J.A.I.L. Amendment."

1. Definitions. To avoid absurd results, words shall be given their plain, ordinary and literal meanings; and where appropriate, the singular shall include the plural and vice-versa. For purposes of this Amendment, the following terms shall mean:

1. Judge: A judicial officer hearing and adjudicating legal actions and proceedings within the judicial branch of government (to include arbitrator, mediator, or a private judge, any of whom is assigned by a court to hear involuntary proceedings). This definition shall not be construed to mean trial juror, prosecutor, or any administrative official.
2. Material allegations: Statements essential to the claim or defense presented in a pleading filed in court.
3. Blocking: Any unlawful act that impedes the lawful conclusion of a case, to include unreasonable delay and willful rendering of an unlawful or void judgment or order.
4. Corporate litigant: A party holding a corporate charter, as distinguished from a business license.
5. Juror: A Special Grand Juror.
6. Strike: An adverse immunity decision or a criminal conviction against a judge.

2. Exclusions of immunity. Notwithstanding common law or any other provision to the contrary, no immunities shielding a judge from frivolous and harassing actions shall be construed to extend to any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material allegations, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitutions of California or the United States. The foregoing judicial misconduct shall not be construed to mean court decisions made within the authorized capacity of a judge.

3. Special Grand Juries. For the purpose of returning power to the People and ensuring the integrity of the judiciary, there are hereby created within this State three twenty-five member Special Grand Juries with statewide jurisdiction having inherent power to judge both law and fact. This body shall exist independent of statutes governing county Grand Juries. Their responsibility shall be limited to determining, based on the evidence shown on the record, whether any civil lawsuit against a judge would be frivolous or harassing, or fall within the exclusions of immunity as set forth in paragraph 2, or whether there is probable cause of criminal conduct by the judge against whom a petition/complaint is brought before the Special Grand Jury.

4. Professional Counsel. Each Special Grand Jury shall have exclusive power to retain non-governmental advisors, special prosecutors, and investigators, as needed, who shall serve no longer than one year, and thereafter shall be ineligible to serve; except a special prosecutor may be retained to prosecute to conclusion ongoing cases through all appeals and any complaints to the Special Grand Jury. Each Special Grand Jury may hire clerical staff, as needed, without time limitation.

5. Establishment of Special Grand Jury Facilities. Within ninety days following the passage of this Amendment, the Legislature shall provide a suitable facility for each Special Grand Jury. Each facility shall be reasonably placed proportionately according to population throughout the State, but no facility shall be located within a mile of any judicial body.

6. Annual Funding. The Legislature shall cause to be deducted two and nine-tenths percent from the gross judicial salaries of all judges, which amount shall be deposited regularly into an exclusive trust account created by this Amendment in paragraph 10 for its operational expenses, together with filing fees under paragraph 7, surcharges under paragraph 8, forfeited benefits of disciplined judges under paragraph 18, and fines, if any, imposed by sentencing under paragraph 16.

7. Filing Fees. Attorneys representing a party filing a civil petition or response before the Special Grand Jury shall, at the time of filing, pay a fee equal to the filing fee due in a civil appeal to the State Supreme Court. Individuals filing a civil petition or response on their own behalf before the Special Grand Jury as a matter of right shall, at the time of filing, post a fee of fifty dollars, or file a declaration, which shall remain confidential, stating that they are impoverished and unable to pay and/or object to such fee, pursuant to First Amendment right of redress.

8. Surcharges. Should this Amendment lack sufficient funding through its fines, fees, and forfeitures (including deductions in paragraph 6), the Legislature shall impose appropriate surcharges upon the civil court filing fees of corporate litigants as necessary to supplement the funding of this Amendment so as not to be chargeable to the public.

9. Compensation of Jurors. Each Juror shall receive a salary commensurate to that of a Superior Court judge, prorated according to the number of days actually served by the Juror.

10. Annual Budget. The Special Grand Juries shall have an annual operational budget commensurate to double the combined salaries of the seventy-five Jurors serving full time, which sum shall be initially deposited by the Legislature into an exclusive trust account to be annually administered by the State Treasurer. Should the trust balance, within any budget year, drop to less than an amount equivalent to the annual gross salaries of fifty Superior Court judges, the State Treasurer shall so notify the Legislature which shall replenish the account, prorated based on the actual average expenditures during the budget year. Should the trust balance in any subsequent year exceed the annual operational budget at the beginning of a new budget year, the State Treasurer shall transfer such excess to the state treasury. Except for the initial year, no expenses in paragraphs 6, 7, 9 and 10 of this Amendment shall be chargeable to the public.

11. Jurisdiction. Each Special Grand Jury shall have exclusive power to appoint a foreperson, establish rules assuring their attendance, to provide internal discipline, and to remove any of its members on grounds of misconduct. The Special Grand Jury shall immediately assign a docket number to each petition/complaint brought before it, unless such case is transferred to another Special Grand Jury to achieve caseload balance. A transfer shall not prejudice a docketing deadline. The Special Grand Jury first docketing a complaint shall have sole jurisdiction of the case. Except as provided in paragraphs 17 and 22, no petition of misconduct shall be considered by any Special Grand Jury unless the petitioner shall have first attempted to exhaust all judicial remedies available in this State within the immediately preceding six-month period. (Such six-month period, however, shall not commence in petitions of prior fraud or blocking of a lawful conclusion until after the date the Special Grand Juries become functional. This provision applies remedially and retroactively.) Should the petitioner opt to proceed to the United States Supreme Court, such six-month period shall commence upon the disposition by that Court.

12. Qualifications of Jurors. A Juror shall have attained to the age of thirty years, and have been nine years a citizen of the United States, and have been an inhabitant of California for two years immediately prior to having his/her name drawn. Those not eligible for Special Grand Jury service shall include elected and appointed officials, members of the State Bar, judges (active or retired), judicial, prosecutorial and law enforcement personnel, without other exclusion except previous adjudication of mental incapacity, imprisonment, or parole from a conviction of a felonious act.

13. Selection of Jurors. The Jurors shall serve without compulsion and their names shall be publicly drawn at random by the Secretary of State from the list of registered voters and any citizen submitting his/her name to the Secretary of State for such drawing. The initial Special Grand Juries shall be established within thirty days after the fulfillment of the requirements of paragraph 5.

14. Service of Jurors. Excluding the establishment of the initial Special Grand Juries, each Juror shall serve one year. No Juror shall serve more than once. On the first day of each month, two Jurors shall be rotated off each Special Grand Jury and two new Jurors seated, except in January it shall be three. Vacancies shall be filled on the first of the following month in addition to the Jurors regularly rotated, and the Juror drawn to fill a vacancy shall complete only the remainder of the term of the Juror replaced.

15. Procedures. The Special Grand Jury shall serve a copy of the filed petition upon the subject judge and notice to the petitioner of such service. The judge shall have twenty days to serve and file a response. The petitioner shall have fifteen days to reply to the judge's response. (Upon timely request, the Special Grand Jury may provide for extensions of time upon the showing of good cause.) In criminal matters, the Special Grand Jury shall have power to subpoena witnesses, documents, and other tangible evidence, and to examine witnesses under oath. Each Special Grand Jury shall determine the causes properly before it with their reasoned findings in writing within one hundred twenty calendar days, serving on all parties their determination as to whether or not immunity shall apply as a defense to any civil action that may thereafter be pursued against the judge. A rehearing may be requested of the Special Grand Jury within fifteen days with service upon the opposition. Fifteen days shall be allowed to reply thereto. Thereafter, the Special Grand Jury shall render final determination in writing within thirty days. All allegations in the petition shall be liberally construed. The Jurors shall keep in mind, in making their determinations, that they are entrusted by the People of this State with the duty of restoring judicial accountability and the perception of justice. The standard of authority by which the Jurors shall be guided in making their determinations shall not be opinions of courts, but shall be the Constitutions of California and of the United States and laws made in pursuance thereof. The Jurors shall avoid all influence by judicial and government entities. The statute of limitations on any civil suit brought pursuant to this Amendment against a judge shall not commence until a final determination by the Special Grand Jury. Special Grand Jury files shall always remain public record following their final determination. A majority of thirteen Jurors shall determine any matter.

16. Indictment. Should the Special Grand Jury also find probable cause of criminal conduct on the part of any judge against whom a petition is docketed, it shall have the power to indict such judge. The Special Grand Jury shall, without voir dire beyond personal impartiality, relationship, or lack of fluency in English, cause to be impaneled twelve special trial jurors, plus alternates, which trial jurors shall be instructed that they have power to judge both law and fact. The Special Grand Jury shall also select a non-governmental special prosecutor and a judge with no more than four years on the bench from a county other than that of the defendant judge, having jurisdiction solely to maintain a fair and orderly proceeding. The trial jury shall be selected from the same pool of jury candidates as any regular jury. The special prosecutor shall thereafter prosecute the cause to a conclusion, having all the powers of any other prosecutor within this State. Upon conviction, sentencing shall be the province of the special trial jury, and not that of the selected judge. Such term of sentence shall conform to statutory provisions.

17. Criminal Procedures. In addition to any other provisions of this Amendment, a complaint for criminal conduct against a judge may be brought directly to the Special Grand Jury, when all of the following conditions have been met: (1) an affidavit or declaration of criminal conduct has been lodged with the appropriate prosecutorial entity within ninety days of the commission of the alleged crime; (2) the prosecutor declines to prosecute, or one hundred twenty days have passed following the lodging of such affidavit or declaration, and prosecution has not commenced; (3) an indictment, if sought, has not been specifically declined on the merits by a county Grand Jury; and (4) the criminal statute of limitations has not run. Any criminal conviction (including a plea bargain) under any judicial process shall constitute a strike.

18. Removal. Whenever any judge has received three strikes, the judge shall be permanently removed from office, and thereafter shall not serve in any State judicial office. Judicial retirement for such removed judge shall not exceed one-half of the benefits to which such judge would have otherwise been entitled. Retirement shall not avert third-strike penalties.

19. Public Indemnification. No judge against whom a petition/complaint is brought, or sued civilly by a complainant pursuant to this Amendment, shall be defended at public expense or by any elected or appointed public counsel, nor shall any judge be reimbursed from public funds for any losses sustained under this Amendment.

20. Enforcement. No person exercising strict enforcement of the findings of a Special Grand Jury shall be held liable civilly, criminally, or in contempt.

21. Redress. The provisions of this Amendment are in addition to other redress that may exist and are not mutually exclusive.

22. Challenges. No judge under the jurisdiction of the Special Grand Jury, or potentially affected by the outcome of a challenge hereto, shall have any jurisdiction to sit in judgment of such challenge. Such pretended adjudication shall be null and void for all purposes and a complaint for such misconduct may be brought at any time, without charge, before the Special Grand Jury by class action, or by any adversely affected person.

23. Preeminence. Preeminence shall be given to this Amendment in any case of conflicts with statute, case law, common law, or constitutional provision. The foreperson of each Special Grand Jury shall read, or cause to be read, this Amendment to the respective Jurors semi-annually during the first week of business in January and July. Should any part of this Amendment be determined unconstitutional, the remainder shall remain in full force and effect as though no challenge thereto existed.

How do I expose Judicial Corruption in a current California case (Independant Action in Equity to secure relief from a Void Judgment of conviction on grounds of fraud upon the court amounting to "Extrinsic Fraud"). The conviction is a misdemeanor DUI case in which the California Dept. Of Motor Vehicles issued an Order of Set Aside.
The Alameda County Superior Court on April 3, 2013, issued an Order Granting a Motion by Alameda County Counsel to Declare me a Vexatious litigant.
I have been fighting this wrong for over twenty years. I have a Ninth Circuit ruling issued in Part in my favor that allows a malicious prosecution action to be filed once the conviction is overturned or otherwise invalidated. See Avaro Rodriguez v. County of Alameda 85 F.3d 637 (9th Cir. 1996). Google or Yahoo search.
The State Courts have been discovered of lacking subject-matter jurisdiction. They acted in the clear absence of all jurisdiction and have been trying to cover this up. There is a state deputy attorney general and many others implicated. Immunity defense is lost.

Judicial Accountability Initiative Law (J.A.I.L.)

Preamble. We, the People of California, find that the doctrine of judicial immunity has been greatly abused; that when judges abuse their power, the People are obliged - it is their duty - to correct that injury, for the benefit of themselves and their posterity. In order to ensure judicial accountability and domestic tranquility, we hereby amend our Constitution by adding the following provisions as Sec. 32 to Article I, which shall be known as "The J.A.I.L. Amendment."

1. Definitions. To avoid absurd results, words shall be given their plain, ordinary and literal meanings; and where appropriate, the singular shall include the plural and vice-versa. For purposes of this Amendment, the following terms shall mean:

1. Judge: A judicial officer hearing and adjudicating legal actions and proceedings within the judicial branch of government (to include arbitrator, mediator, or a private judge, any of whom is assigned by a court to hear involuntary proceedings). This definition shall not be construed to mean trial juror, prosecutor, or any administrative official.
2. Material allegations: Statements essential to the claim or defense presented in a pleading filed in court.
3. Blocking: Any unlawful act that impedes the lawful conclusion of a case, to include unreasonable delay and willful rendering of an unlawful or void judgment or order.
4. Corporate litigant: A party holding a corporate charter, as distinguished from a business license.
5. Juror: A Special Grand Juror.
6. Strike: An adverse immunity decision or a criminal conviction against a judge.

2. Exclusions of immunity. Notwithstanding common law or any other provision to the contrary, no immunities shielding a judge from frivolous and harassing actions shall be construed to extend to any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material allegations, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitutions of California or the United States. The foregoing judicial misconduct shall not be construed to mean court decisions made within the authorized capacity of a judge.

3. Special Grand Juries. For the purpose of returning power to the People and ensuring the integrity of the judiciary, there are hereby created within this State three twenty-five member Special Grand Juries with statewide jurisdiction having inherent power to judge both law and fact. This body shall exist independent of statutes governing county Grand Juries. Their responsibility shall be limited to determining, based on the evidence shown on the record, whether any civil lawsuit against a judge would be frivolous or harassing, or fall within the exclusions of immunity as set forth in paragraph 2, or whether there is probable cause of criminal conduct by the judge against whom a petition/complaint is brought before the Special Grand Jury.

4. Professional Counsel. Each Special Grand Jury shall have exclusive power to retain non-governmental advisors, special prosecutors, and investigators, as needed, who shall serve no longer than one year, and thereafter shall be ineligible to serve; except a special prosecutor may be retained to prosecute to conclusion ongoing cases through all appeals and any complaints to the Special Grand Jury. Each Special Grand Jury may hire clerical staff, as needed, without time limitation.

5. Establishment of Special Grand Jury Facilities. Within ninety days following the passage of this Amendment, the Legislature shall provide a suitable facility for each Special Grand Jury. Each facility shall be reasonably placed proportionately according to population throughout the State, but no facility shall be located within a mile of any judicial body.

6. Annual Funding. The Legislature shall cause to be deducted two and nine-tenths percent from the gross judicial salaries of all judges, which amount shall be deposited regularly into an exclusive trust account created by this Amendment in paragraph 10 for its operational expenses, together with filing fees under paragraph 7, surcharges under paragraph 8, forfeited benefits of disciplined judges under paragraph 18, and fines, if any, imposed by sentencing under paragraph 16.

7. Filing Fees. Attorneys representing a party filing a civil petition or response before the Special Grand Jury shall, at the time of filing, pay a fee equal to the filing fee due in a civil appeal to the State Supreme Court. Individuals filing a civil petition or response on their own behalf before the Special Grand Jury as a matter of right shall, at the time of filing, post a fee of fifty dollars, or file a declaration, which shall remain confidential, stating that they are impoverished and unable to pay and/or object to such fee, pursuant to First Amendment right of redress.

8. Surcharges. Should this Amendment lack sufficient funding through its fines, fees, and forfeitures (including deductions in paragraph 6), the Legislature shall impose appropriate surcharges upon the civil court filing fees of corporate litigants as necessary to supplement the funding of this Amendment so as not to be chargeable to the public.

9. Compensation of Jurors. Each Juror shall receive a salary commensurate to that of a Superior Court judge, prorated according to the number of days actually served by the Juror.

10. Annual Budget. The Special Grand Juries shall have an annual operational budget commensurate to double the combined salaries of the seventy-five Jurors serving full time, which sum shall be initially deposited by the Legislature into an exclusive trust account to be annually administered by the State Treasurer. Should the trust balance, within any budget year, drop to less than an amount equivalent to the annual gross salaries of fifty Superior Court judges, the State Treasurer shall so notify the Legislature which shall replenish the account, prorated based on the actual average expenditures during the budget year. Should the trust balance in any subsequent year exceed the annual operational budget at the beginning of a new budget year, the State Treasurer shall transfer such excess to the state treasury. Except for the initial year, no expenses in paragraphs 6, 7, 9 and 10 of this Amendment shall be chargeable to the public.

11. Jurisdiction. Each Special Grand Jury shall have exclusive power to appoint a foreperson, establish rules assuring their attendance, to provide internal discipline, and to remove any of its members on grounds of misconduct. The Special Grand Jury shall immediately assign a docket number to each petition/complaint brought before it, unless such case is transferred to another Special Grand Jury to achieve caseload balance. A transfer shall not prejudice a docketing deadline. The Special Grand Jury first docketing a complaint shall have sole jurisdiction of the case. Except as provided in paragraphs 17 and 22, no petition of misconduct shall be considered by any Special Grand Jury unless the petitioner shall have first attempted to exhaust all judicial remedies available in this State within the immediately preceding six-month period. (Such six-month period, however, shall not commence in petitions of prior fraud or blocking of a lawful conclusion until after the date the Special Grand Juries become functional. This provision applies remedially and retroactively.) Should the petitioner opt to proceed to the United States Supreme Court, such six-month period shall commence upon the disposition by that Court.

12. Qualifications of Jurors. A Juror shall have attained to the age of thirty years, and have been nine years a citizen of the United States, and have been an inhabitant of California for two years immediately prior to having his/her name drawn. Those not eligible for Special Grand Jury service shall include elected and appointed officials, members of the State Bar, judges (active or retired), judicial, prosecutorial and law enforcement personnel, without other exclusion except previous adjudication of mental incapacity, imprisonment, or parole from a conviction of a felonious act.

13. Selection of Jurors. The Jurors shall serve without compulsion and their names shall be publicly drawn at random by the Secretary of State from the list of registered voters and any citizen submitting his/her name to the Secretary of State for such drawing. The initial Special Grand Juries shall be established within thirty days after the fulfillment of the requirements of paragraph 5.

14. Service of Jurors. Excluding the establishment of the initial Special Grand Juries, each Juror shall serve one year. No Juror shall serve more than once. On the first day of each month, two Jurors shall be rotated off each Special Grand Jury and two new Jurors seated, except in January it shall be three. Vacancies shall be filled on the first of the following month in addition to the Jurors regularly rotated, and the Juror drawn to fill a vacancy shall complete only the remainder of the term of the Juror replaced.

15. Procedures. The Special Grand Jury shall serve a copy of the filed petition upon the subject judge and notice to the petitioner of such service. The judge shall have twenty days to serve and file a response. The petitioner shall have fifteen days to reply to the judge's response. (Upon timely request, the Special Grand Jury may provide for extensions of time upon the showing of good cause.) In criminal matters, the Special Grand Jury shall have power to subpoena witnesses, documents, and other tangible evidence, and to examine witnesses under oath. Each Special Grand Jury shall determine the causes properly before it with their reasoned findings in writing within one hundred twenty calendar days, serving on all parties their determination as to whether or not immunity shall apply as a defense to any civil action that may thereafter be pursued against the judge. A rehearing may be requested of the Special Grand Jury within fifteen days with service upon the opposition. Fifteen days shall be allowed to reply thereto. Thereafter, the Special Grand Jury shall render final determination in writing within thirty days. All allegations in the petition shall be liberally construed. The Jurors shall keep in mind, in making their determinations, that they are entrusted by the People of this State with the duty of restoring judicial accountability and the perception of justice. The standard of authority by which the Jurors shall be guided in making their determinations shall not be opinions of courts, but shall be the Constitutions of California and of the United States and laws made in pursuance thereof. The Jurors shall avoid all influence by judicial and government entities. The statute of limitations on any civil suit brought pursuant to this Amendment against a judge shall not commence until a final determination by the Special Grand Jury. Special Grand Jury files shall always remain public record following their final determination. A majority of thirteen Jurors shall determine any matter.

16. Indictment. Should the Special Grand Jury also find probable cause of criminal conduct on the part of any judge against whom a petition is docketed, it shall have the power to indict such judge. The Special Grand Jury shall, without voir dire beyond personal impartiality, relationship, or lack of fluency in English, cause to be impaneled twelve special trial jurors, plus alternates, which trial jurors shall be instructed that they have power to judge both law and fact. The Special Grand Jury shall also select a non-governmental special prosecutor and a judge with no more than four years on the bench from a county other than that of the defendant judge, having jurisdiction solely to maintain a fair and orderly proceeding. The trial jury shall be selected from the same pool of jury candidates as any regular jury. The special prosecutor shall thereafter prosecute the cause to a conclusion, having all the powers of any other prosecutor within this State. Upon conviction, sentencing shall be the province of the special trial jury, and not that of the selected judge. Such term of sentence shall conform to statutory provisions.

17. Criminal Procedures. In addition to any other provisions of this Amendment, a complaint for criminal conduct against a judge may be brought directly to the Special Grand Jury, when all of the following conditions have been met: (1) an affidavit or declaration of criminal conduct has been lodged with the appropriate prosecutorial entity within ninety days of the commission of the alleged crime; (2) the prosecutor declines to prosecute, or one hundred twenty days have passed following the lodging of such affidavit or declaration, and prosecution has not commenced; (3) an indictment, if sought, has not been specifically declined on the merits by a county Grand Jury; and (4) the criminal statute of limitations has not run. Any criminal conviction (including a plea bargain) under any judicial process shall constitute a strike.

18. Removal. Whenever any judge has received three strikes, the judge shall be permanently removed from office, and thereafter shall not serve in any State judicial office. Judicial retirement for such removed judge shall not exceed one-half of the benefits to which such judge would have otherwise been entitled. Retirement shall not avert third-strike penalties.

19. Public Indemnification. No judge against whom a petition/complaint is brought, or sued civilly by a complainant pursuant to this Amendment, shall be defended at public expense or by any elected or appointed public counsel, nor shall any judge be reimbursed from public funds for any losses sustained under this Amendment.

20. Enforcement. No person exercising strict enforcement of the findings of a Special Grand Jury shall be held liable civilly, criminally, or in contempt.

21. Redress. The provisions of this Amendment are in addition to other redress that may exist and are not mutually exclusive.

22. Challenges. No judge under the jurisdiction of the Special Grand Jury, or potentially affected by the outcome of a challenge hereto, shall have any jurisdiction to sit in judgment of such challenge. Such pretended adjudication shall be null and void for all purposes and a complaint for such misconduct may be brought at any time, without charge, before the Special Grand Jury by class action, or by any adversely affected person.

23. Preeminence. Preeminence shall be given to this Amendment in any case of conflicts with statute, case law, common law, or constitutional provision. The foreperson of each Special Grand Jury shall read, or cause to be read, this Amendment to the respective Jurors semi-annually during the first week of business in January and July. Should any part of this Amendment be determined unconstitutional, the remainder shall remain in full force and effect as though no challenge thereto existed.

Written by Ron Branson
VictoryUSA@...

Copyrighted Library of Congress 9/12/03

Dear Ron,

 

It is my understanding the fees cannot be charged for people acting in their own actions due to the facts that the people pay for the courthouse and all utilities, materials, equipment, etc. and the wages of court clerks and the administrative executives of the corporation.  We call them "judges".  For a clerk to demand the fee is extortion if one knows they are not liable for the fee.  We do not have to buy justice in any manner, especially by a chartered corporation such as city, county, and state so-called "governments", nor do we .  The same holds true on the federal level.  "[a]t common law, extortion was an offense committed by a public official who took 'by color of his office' money that was not due to him for the performance of his official duties. . . . Extortion by the public official was the rough equivalent of what we would now describe as 'taking a bribe.'" Evans v. United States, 504 U.S. 255 (1992).

 

Our right to petitioning government for redress cannot lawfully or legally be denied for any reason.  Attorneys must pay when representing corporations and other artificial entities so that the use of our buildings, materials, etc. is paid for, the same reason that commercial gain operations that use our roadways must pay for them through licensing, etc.  We are not made liable for the use of our own roads, which has been the decision of many high court rulings, as the use of our own motorized means of conveyance on the roads owned by us cannot legally have any fees attached.  We have been duped.

 

Title 18, Section 241, gives no exceptions for officials, as I am sure you know (plus, the above).  Title 18, Section 242, gives no exception. Under color of law can only refer to officials that act ultra virus, or commits Section 1961 et seq or any other crimes against the people.  No where in the Constitution or statutes written by government to control their actions and the actions of artificial persons created by them are excepted.   In fact they are supposed to be more controlled than people who are not officials or part of corporations, etc. that are created by government.  They - officials - do not have the authority to live every day in their official duties free of law.  It is quite the contrary.

 

There is no state, county or city officials, or a combination of these artificial creations that has standing to carry out any action, including not hearing a case petitioned for.  They and the courts have exactly zero jurisdiction in our grievances we file for.  Attorneys, attorney/judges, and other officials violate their Oaths of Office with every case in which they violate our right to petition and act without jurisdiction that may give the case and court created by them standing. 

 

If they had factual jurisdiction, we would be under their control, but there is no authority given for that, as "freedom" means not under government control" and so does "liberty."  One cannot possibly be free or living in liberty, including if the Declaration and Constitution for these united States had stated "...unless some bureaucrat says differently" in regards to the securing of rights and establishing the government by the people.  Such violates every every premise this land was founded on. 

 

There is in fact no official immunity and the normal 11th Amendment claim is as false as the sun rising in the west.  It does not speak of immunity at all, because the concept was made and perpetuated by law breaking officials in their official capacities.  If officials obeyed the rule of law, the limitations on government, their Oaths of Office, and their subservience to the people, they would not carry on the myth of official immunity.  But, they don't and they continue acting as the most vile of criminal organizations, spending their careers or whatever as professional criminals quite similar to the actions of such organizations as the mafia.  They even call what used to be police, "law enforcers".  The mob and mafia had the same, the thugs that forced compliance.

 

Missouri Law, which most people call the Missouri Constitution makes the subservience of government and it enforcers quite clear in Article I, Section 3.  I suspect every state's constitution should have a similar provision.  This is copied from the Revised Statutes of Missouri.

 

Article I
BILL OF RIGHTS
Section 3

August 28, 2005

Powers of the people over internal affairs, constitution and form of government.

Section 3. That the people of this state have the inherent, sole and exclusive right to regulate the internal government and police thereof, and to alter and abolish their constitution and form of government whenever they may deem it necessary to their safety and happiness, provided such change be not repugnant to the Constitution of the United States.   ....

(a) Preamble.  The House of Representatives and Senate Assembled find that an inordinate and ever-growing number of complaints of willful misconduct have been lodged with Congress involving federal judges across this nation; that the current Title 28 U.S.C. §372(c) (Judicial Misconduct and Disability Act) is in many cases inadequate because of conflicts of interest in judges judging themselves; that judicial integrity is of major importance and affects all areas of our American society. Be it therefore resolved that the House of Representatives and Senate Assembled hereby enact the following legislation which shall be known as the "Judicial Accountability and Integrity Legislation."

(b) Definitions.  For purposes of this legislation:

1. The term "blocking" shall mean any act that impedes the lawful conclusion of a case, to include unreasonable delay and willful rendering of a void judgment or order.
2. The term "federal judge" or "judge" shall mean any federal justice, judge, magistrate, commissioner, or any person shielded by judicial immunity.
3. The term "Juror" shall mean a Special Federal Grand Juror.
4. The term "strike" shall mean an adverse immunity decision based upon bad behavior as set forth in paragraph (c), or a criminal conviction as set forth in paragraph (r).
5. Where appropriate, the singular shall include the plural.

(c) Immunity.  Notwithstanding common law or any other provision to the contrary, no immunity shall be extended to any federal judge except as is specifically set forth in this statute. Preserving the purpose of protecting judges from frivolous and harassing actions, no immunity shielding a federal judge shall be construed to extend to any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material facts, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violation of the Constitution of these United States, all violations of which shall constitute bad behavior.

(d) Special Federal Grand Jury.  There is hereby created within the District of Columbia a twenty-five member Special Federal Grand Jury with full federal geographical jurisdiction, having power to judge on both law and fact. Their responsibility shall be limited to determining, on an objective standard, whether a civil suit against a federal judge would be frivolous and harassing or fall within the exclusions of immunity as set forth herein, and whether there is probable cause of criminal conduct by the federal judge complained of.

(e) Professional Counsel.  The Special Federal Grand Jury shall have exclusive power to retain non-governmental advisors, special prosecutors, and investigators, as needed, who shall serve no longer than two years, after which term said officers shall be ineligible. However, with permission of the Special Federal Grand Jury, a special prosecutor may prosecute their current cases through all appeals and any applicable complaints to the Special Federal Grand Jury.

(f) Establishment of Special Federal Grand Jury Seat.  A Special Federal Grand Jury seat is hereby created, which seat shall be located in excess of one mile of any federal judicial body.

(g) Filing Fees.  Attorneys representing a client filing a civil complaint or answer before the Special Federal Grand Jury, shall at the time of filing pay a fee equal to the filing fee due in a civil appeal to the United States Supreme Court. Individuals filing a civil complaint or answer before the Special Federal Grand Jury in their own behalf as a matter of right, shall, at the time of filing, post a fee of one hundred dollars, or file a declaration, which shall remain confidential, stating they are impoverished and unable to pay and/or object to such fee.

(h) Annual Funding.  Should this statute lack sufficient funding through its filing fees under paragraph (g) and fines imposed under paragraph (q), which amount shall be deposited regularly into the exclusive trust account created by this statute in paragraph (j) for its operational expenses, Congress may impose appropriate surcharges upon the civil court filing fees of corporate litigants as necessary to make this statute self-supporting, or they may appropriate any and all necessary funds for the full implementation of this statute by legislation.

(i) Compensation of Jurors.  Each Juror shall receive a salary commensurate to fifty percent of a federal district judge prorated according to the number of days actually served.

(j) Annual Budget.  The Special Federal Grand Jury shall have an annual operating budget commensurate to twenty times the combined salaries of the twenty-five Jurors serving full time, which sum shall be initially deposited by Congress into an exclusive trust account to be annually administered by the Controller. Should the trust balance within any budget year drop to less than an amount equivalent to the annual gross salaries of fifty federal district judges, the Controller shall so notify Congress, which shall replenish the account, prorated based on actual average expenditures during the budget year. Should the trust balance in any subsequent year exceed the annual operational budget at the beginning of a new budget year, the Controller shall return such excess to the United States Treasury.

(k) Jurisdiction.  The Special Federal Grand Jury shall have exclusive power to establish rules assuring their attendance, to provide internal discipline, and to remove any of its members on grounds of misconduct. The Special Federal Grand Jury shall immediately assign a docket number to each complaint brought before it. Except as provided in paragraph (r), no complaint of judicial misconduct shall be considered by the Special Federal Grand Jury unless the complainant shall have first attempted to exhaust all judicial remedies available in the federal courts within the immediately preceding six-month period. Such six-month period, however, shall not commence in complaints of prior fraud or blocking of a lawful conclusion until after the date the Special Federal Grand Jury becomes functional. This provision is intended to apply remedially and retroactively.

(l) Qualifications of Jurors.  A Juror shall have attained to the age of thirty years, and have been nine years a citizen of the United States, and an inhabitant of Washington, D.C. Those not eligible for Special Federal Grand Jury service shall include elected and appointed officials, members of the Bar, judges (active or retired), judicial, prosecutorial and law enforcement personnel, without other exclusion except previous adjudication of mental incapacity, imprisonment, or parole from a conviction of a felonious crime against persons.

(m) Selection of Jurors.  The Jurors shall serve without compulsion and shall be drawn by public lot by the Secretary of State from names on voters' rolls and any citizen submitting his/her name to the Secretary of State for such drawing.

(n) Service of Jurors.  Excluding the establishment of the initial Special Federal Grand Jury, each Juror shall serve one year. No Juror shall serve more than once. On the first day of each month, two persons shall be rotated off the Special Federal Grand Jury and new citizens seated, except in January it shall be three. Vacancies shall be filled on the first of the following month in addition to the Jurors regularly rotated, and the Juror chosen to fill a vacancy shall complete only the remainder of the term of the Juror replaced.

(o) Procedures.  The Special Federal Grand Jury shall serve a copy of the filed complaint upon the subject judge and notice to the complainant of such service. The judge shall have thirty days to serve and file an answer. The complainant shall have twenty days to reply to the judge's answer. (Upon timely request, the Special Federal Grand Jury may provide for extensions for good cause.) The Special Federal Grand Jury shall have power to subpoena witnesses, documents, and other tangible evidence, and to examine witnesses under oath. The Special Federal Grand Jury shall determine the causes properly before it with their reasoned findings in writing within one hundred twenty (120) calendar days, serving on all parties their decision on whether immunity shall be barred as a defense to any civil action that may thereafter be pursued against the federal judge. A rehearing may be requested of the Special Federal Grand Jury within twenty days with service upon the opposition. Twenty days shall be allowed to reply thereto. Thereafter, the Special Federal Grand Jury shall render final determination within thirty days. All allegations of the complaint shall be liberally construed in favor of the complainant. The Jurors shall keep in mind, in making their decisions, that they are entrusted by the people of these United States with the duty of restoring a perception of justice and accountability of the federal judiciary, and are not to be swayed by artful presentation by the federal judge. They shall avoid all influence by judicial and government entities. The statute of limitations on any civil suit brought pursuant to this statute against a federal judge shall not commence until the rendering of a final decision by the Special Federal Grand Jury. Special Federal Grand Jury files shall always remain public record following their final determination. A majority of thirteen shall determine any matter.

(p) Removal.  Whenever any federal judge shall have received more than three strikes, the federal judge shall automatically be brought up on charges before Congress for Articles of Impeachment by the Special Federal Grand Jury through its special prosecutor for bad behavior and willful misconduct. Congress thereafter shall commence to a vote on such Articles of Impeachment. Upon a conviction, the federal judge shall be permanently removed from office. He may also be held liable under any other appropriate criminal or civil proceeding.

(q) Indictment.  Should the Special Federal Grand Jury also find probable cause of criminal conduct on the part of any federal judge against whom a complaint is docketed, it shall have the power to indict such federal judge except where double jeopardy attaches. The Special Federal Grand Jury shall, without voir dire beyond personal relationship, cause to be impaneled special trial jurors, plus alternates, which trial jurors shall be instructed that they have power to judge both law and fact. The Special Federal Grand Jury shall also select a non-governmental special prosecutor and a federal judge with no more than four years on the bench from a state other than that of the defendant judge (or outside of the District of Columbia, if the case so be). The trial jury shall be selected from the same pool of jury candidates as any regular federal jury. The special prosecutor shall thereafter prosecute the cause to a conclusion, having all the powers of any other prosecutor within these United States. Upon conviction, the special trial jury shall have exclusive power of sentencing (limited to incarceration, fines and/or community service), which shall be derived by an average of the sentences of the trial jurors.

(r) Criminal Procedures.  In addition to any other provisions of this statute, a complaint for criminal conduct of a federal judge may be brought directly to the Special Federal Grand Jury upon all the following prerequisites: (1) an affidavit of criminal conduct has been lodged with the appropriate prosecutorial entity within ninety (90) days of the commission of the alleged conduct; (2) the prosecutor declines to prosecute, or one hundred twenty (120) days has passed following the lodging of such affidavit and prosecution has not commenced; (3) an indictment, if sought, has not been specifically declined on the merits by a Grand Jury; and (4) the criminal statute of limitations has not run. Any criminal conviction (including a plea bargain) under any judicial process shall constitute a strike.

(s) Public Indemnification.  No federal judge complained of, or sued civilly by a complainant pursuant to this statute, shall be defended at public expense or by any elected or appointed public counsel, nor shall any federal judge be reimbursed from public funds for any losses sustained under this statute.

(t) Redress.  The provisions of this statute are in addition to other redress that may exist and are not mutually exclusive.

(u) Preeminence.  Preeminence shall be given to this statute in any case of conflict with any other federal statute, case law, or common law to the contrary. The foreperson of the Special Federal Grand Jury shall read, or cause to be read, this statute to the respective Jurors semi-annually during the first week of business in January and July.